The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-09-01
NATIONAL NEWS.
APPOINTED CONSUL.

WASHINGTON, Aug. 26.-The Presi-
dent to-day appointed Henry C. BorS-
tel, of Maine, TO be United States Con-
sui at Pernambuco.
| LANDS TO BE RESTORED.
Acting Land Commissioner Stock
slayer to-day took the necessary steps
1 to carry into effect Secretary Lamar's
recent order directing the restoration
| to settlement and entry of the unap-
proved indemnity selections of the
| California q Oregon Railroad Company
| in California. The road runs from
| Roseyille, near Sacramento, to the
California s. Oregon line, a distance of
toratiOn, it is said, will effect about $780,
600 acres.
WAIVED EXAMINATION.
Richard r. Browner, the clerk
charged with abStracting certain docu-
ments from the Pension Office and Civ
ing them to Allan Rutherford, the
Claim Agent, waived examination to-
day, and the case was sent to the
grand jury. His bail was continued
by his counsel, also waived eXamina
ton, and was required to give the same
amount of bail as before, s., 900.
CONTESTED CONGRESSIONAL SEATS.
General Clark, the Clerk of the House
of Representatives, has received and
had printed the testimony in eight con-
tested election cases that are to be con-
sidered by the next Congress. They are
as follows: Lowrey VS.. White, Indiana;
SmallS vs.. Elliott, South Carolina;
Gainor VS.. Frank, Missouri; Worthing
ton VS.. Post, Illinois; McDuffy VS..
Davidson, Alabama; Carlisle VS.. Thobe,
Kentucky; Sullivan VS.. FELTON,
and Lynch VS.. Vandever, Cali
fornia. The testimony in these
cases makes nearly 10000 pages, that
of the Sullivan-FentOn case, being the
most Voluminous. Messrs. . 'Hara, of
North Carolina, and Swinborne of New
York, who it is said will make con-
test, have not yet filed notice or sub
mitted testimony to the clerk.
a REHEARING ASKED.
The Northern Pacific Railroad Com
pany by its attorney, has filed with the
Secretary of the Interior, application
revocation of the orders of withdrawal
of its indemnity lands, so far as that
revocation applies to the selections of
the company already recorded, and to
future selections which it will here
after have to make. In common
with the rest of the world, the COM
pany takes exceptions to rules laid
down in decision referred to restricting
the company's selection to the state or
and declaring there is no second
indemnity belt and that the
company is entitled to losses only for
lands disposed of since the date of the
grant of July 2, 1894. The application
says: 1T is conceded by the depart
ment that under the original charter
the company will be entitled to select
indemnity for all lands lost prior to the
definite location of the road without
limit of time within which the losses
must have occurred" But the decis-
ion then proceeds to lay down
that by its charter the company
was prohibited from issuing bonds or
mortgages and was seeking to, and
did have such prohibition removed by
the passage of the joint resolution of
May 81, 1860, and that there was rea-
son why, asking right before denied,
Congress should then modify the in
demnity proceedings. Hence in passing
the joint resolution and thereby grant
ing the right to issue bonds and
mortgages, the granting power
therein restricted the indem-
nifty to losses occurring between
the date of the original act and the
date of the definite location, and speci-
fed that the indemnity selections
should be restricted to the particular
states or territories in which the losses
might be sustained, declaring that part
of the decision which restricts indem-
nifty to losses after passage of grant
ing act; rests upon construction to be
placed upon the joint resolution of
May 81, 1870. The company desire to
be heard upon that question, asserting
that it can show conclusively that the
purpose of the resolution was to give
additional lands. Reference is
made to Secretary Teller's de-
cision of May II, 1888, in which a
second indemnity belt was recognized
and in which the company has selected
under authority of that decision some
372, 900 acres. With reference to that
part of the decision restricting the
company from making indemnity selec
lions other than the states or territor-
les in which the losses occur, the APP
decision of Secretary Teller, in which
ton of the legislation that within the
indemnity limits fixed by the Northern
Pacific Acts the company should have
the opportunity to take lands, acre for
acre, for all those lost in place. This
decision of Secretary Teller is referred
to as confirming the construction of
the law under which the
company has acted for sixteen years.
The New Orleans & Pacific Railway
Company has also applied for a rehear-
ing, upon the ground that it has not
had sufficient opportunity to make its
selections. The acting secretary will
hear counsel for each of these roads
in support of their applications, either
orally or by brief.